1. General Disclaimer. The Website may contain facts, views, opinions, statements, articles, recommendations, advertisements, Audiovisual Materials (as defined below), other content, and links to external websites not owned or controlled by the AFFN (individually and collectively, “Website Content”). AFFN and Website make no warranties or representations as to the accuracy, safety or value of Website Content created, published, displayed, provided, distributed or linked by third parties, or for content contained on third-party websites linked from the AFFN Website, and assume no liability or responsibility for errors or omissions in Website Content. Use and reliance upon Website Content is taken at the User’s sole risk.
2. Description of Service. The Website provides Users with access and limited, personal use rights to Website Content. Each User is personally responsible for obtaining, providing and maintaining: (a) access to the Internet, including without limitation payment of telephone, cable or other connection and service fees associated with Internet access, and (b) all equipment required to access and use the Website and the Internet, including without limitation access to a computer and modem. AFFN and Website accept no responsibility or liability for the ability or inability of any User to access the Website or to take advantage of some or all Website Content.
4. Personal Use Only. The AFFN Website, Website Content and related services are made available to Users for personal, non-commercial use only unless otherwise specifically stated in connection with the relevant Website Content. Users may not copy, reproduce, edit, alter, overwrite, block, reproduce, or delete Website Content. Users may not alter the appearance or functionality of the Website. Users may not use the Website or Website Content to advertise or sell a product or service without the advance written consent of the AFFN and any relevant copyright holders. AFFN reserves the sole, exclusive and discretionary right to determine what constitutes “selling” and “advertising” and to grant or deny any person or entity the right to sell or advertise a product or service on the Website or to use Website or Website Content for sales, advertising or any other commercial purpose. Users may not take, appropriate, copy, publish, reproduce, or use all or any part of the Website or Website Content for any purpose without the advance written consent of AFFN or the legal owner of the relevant content. The AFFN Resource Policy (located online) is incorporated into this paragraph by reference as if fully set forth herein.
5. User Accounts. The Website may provide Users with the opportunity to register for an account (“Account”) with the Website, and may allow Users with Accounts access to special Website Content and privileges not available to Users who choose not to obtain an Account. Accounts may or may not be available free of charge. Applicable Account fees and benefits will be posted on the Website and are subject to change from time to time, with or without notice. The Website will post notices describing all relevant Account fees, terms, conditions and requirements. Only Users who register for an Account, pay all relevant fees, and agree to abide by all applicable rules, policies, and requirements are permitted to access and use Website Content and privileges restricted to or provided for Account holders only.
12. Third Party Content. The Website may feature Website Content, including without limitation hyperlinks, advertisements, and promotions, created by or obtained from third parties not owned or operated by AFFN. EACH USER HEREBY RELEASES AFFN AND WEBSITE STAFF FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN THE USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED OR CONTROLLED BY AFFN, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH THIRD PARTIES. AFFN and Website assume no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between any User and any advertiser(s) or other third party. Users specifically understand and agree that AFFN and Website do not control all Website Content or websites linked from the Website, and that AFFN and Website disclaim all responsibility and liability for or relating to Website Content created, provided, uploaded, linked or posted by third parties not owned and legally controlled by AFFN, as well as the content of any website linked on or from the Website. Users accept full responsibility for accessing links (aka “hyperlinks”) on Website, and accept all foreseeable and non-foreseeable results of accessing websites by using links or hyperlinks.
14. Suggestions. AFFN and Website do not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications or other property of AFFN and the Website (collectively “Ideas”). Users understand and agree that: (a) Ideas sent to AFFN or Website will be considered non-proprietary, non-confidential and fully released for use by AFFN and the Website free of charges or fees, (b) AFFN and Website have no obligation or liability to any User or any third party relating to or arising out of the use, nonuse, disclosure, publication or receipt of any Idea, and (c) AFFN and Website may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability, restriction or compensation to the submitting User.
17. LIMITATION OF LIABILITY. AFFN AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT. AFFN AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USERS OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING OR USING WEBSITE CONTENT. AFFN AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF WEBSITE AND WEBSITE CONTENT. AFFN AND WEBSITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF: (A) USE, MISUSE OR LACK OF USE OF WEBSITE OR WEBSITE CONTENT, (B) MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF AUTHORIZED OR UNAUTHORIZED ACCESS TO THE WEBSITE, (D) WEBSITE CONTENT CREATED, PROVIDED , UPLOADED, DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES, OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AFFN OR WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.